Guest suing host

[Mark1360]

Hi - 

I have a guest who cancelled upon entering the home, claiming it was unclean and misrepresented on Airbnb. Airbnb case managers did not grant her a refund or rule in her favor. She is taking me to small claims court to get her money and the cost of substitute hotel stay. Airbnb case manager has not contacted me after a couple weeks already. Any suggestions? 

With thanks,

Mark 

[Gerry-And-Rashid0]

@Mark1360

AirBnB are simply a booking platform - she is correct technically in taking you to court. I'm making no judgement as to whether she is right or wrong in her claim.

First she may be using this as a 'threat' to get a refund. You should reply and give a clear rebuttal of her claims - but do say anything other that a factual rebuttal. She may just go away if you respond factually to each of her claims.

If it does go to court then you will have to be prepared to provide your view and any evidence you can that shows her claim to be untrue. Small claims and sitting judges are quite broad in their intrepretation of the law and accompanying claim. So, for example, if she can prove it was misrepresented in some way on AirBnB, then she will probably win and the judge won't even ask her to prove it was unclean. If you can prove it was not misrepresented then that is a big plus as it's harder for the judge to believe her other  statements.

Even if she wins there is a question as to how much she should get. AirBnB has a well documented process for helping guests who find property unsuitable: contact AirBnB immediatel (not 4 days after arriving in the property and staying there) and they will find alternative accommodation for you. If she chose not to  do that, then the judge may find that she is only entitled to the amount she paid you (excluding any booking fee - which is what she paid AirBnB to find her accommodation).

At the end of the day it's a game of cat and mouse - even if she brings a claim, she may chicken out on the day and not turn up. You also need to think about how much stress you want. So, if you said, I am giving you 50% (without acknowleding any fault on your side) would she accept that? Perhaps...

Good luck!

[Luis4195]

Are the steps the same even if the airbnb site is in the UK?

[Cormac0]

@Mark1360

Was the place unclean and misrepresented on Airbnb? does she have evidence to support her allegations?

if not, let the case go to the small claims court and let the Judge decide.

I completely disagree with @Gerry-And-Rashid0  about Airbnb just being a booking platform.

1. There T&C give them the right of trial, judge and jury,
2. They can manage deposits and the final say on all claims against those deposits.
3. They manage Host status within the platform eg don’t host for a while and you lose your super host
4. Their fees are well in excess of what one would expect they should be (circa twenty percent) for being just a booking platform.

In fact the original contact was with Airbnb as she paid them and they took their fee and passed on the balance to you as a subcontractor, that's why I suspect Airbnb are moving away from charging Guest fees and moving to a model where the host pays all the fees, its a subtle change but an important one.

[Gerry-And-Rashid0]

@Cormac0 While I would like to agree (and think Airbnb should take more responsibility), no guest has successfully sued Airbnb in Europe - a guest’s first port of call for legal action is the host. There are lots of front page stories about damage to property with crazy parties - at best the host gets to claim on host insurance. They would have to prove AirBnB was negligent- and their Ts&Cs are very tightly written to avoid that!

For example you you can sue Virgin Holidays, or British Airways Holiday - as they create the package (ie out the hotel/flight/car hire together). It’s one reason Airbnb has never gone down the route of offering you flights plus accommodation. It’s also the reason why Airbnb is not an ABTA member. 

[Cormac0]

@Gerry-And-Rashid0

I completely agree that one would need to have very deep pockets to take Airbnb to court, but that's not what I suggest! @Mark1360 can make his plea while in the small claim court that provided he has proof that the claim by the guest was completely vexatious and without veracity.

On the other hand, if the accommodation was misrepresented and dirty refund the guest fee and let Airbnb deal with the rest and stop wasting all our time.

.

[Fernando960]

I have been using airbnb for 10 years and have some incredibly positive experiences . Unfortunately my streak ended last week.  Without getting into all the details of which there are many (over 20 photos, 2 videos and 5 day of exchanges with 5 different airbnb customers service reps) . I notified them of issue hours after checking in.  Aside from the description and condition being grossly misrepresented their were life safety issues; elevator to unit on 6th floor was not licensed to operate (made loud knocking) and emergency exit stairway cluttered with extensive debris (full on garbage bags, mattresses,  etc on every floor).   I asked for a refund and confirmation that repairs would be made to unit so others did not experience same situation. They offered me a $500 credit on a $1000 a night rental.  I am not a litigious person and understand things happen but believe life safety issues that were reported trump any T&A.  Maybe just wishful thinking.  FYI,  we would have moved out but this took place in Chicago during Lollapalooza and no homes were available on any of the platform that would accomodate our group size.  We took elevators.  Please keep n mind that the elevators and halls were only 2 of the many issues that are well documented .  I plan on reporting to the City of Chicago building department, consumer affairs and to my attorney.  I would greatly appreciate any input even if it is not what I want to hear 🙂 .  I can attach images if helpful and screenshots of the conversations with Airbnb useless customer service people.  Thank you.

[Miranda188]

Did you ever get any sort of refund? We are going through something similar and Airbnb refuses to refund us

[Steven246]

Hello! We are superhosts with 47, 5* reviews over 3 years. Our current guests have arrived and claimed that it’s ‘filthy, smelly, like we’ve had squatters’ and through a series of abusive messages and photos of the most minor things (not cleanliness, just our decor and style) we have said it’s probably best that they leave and we’ll refund them. They are now saying that one of the guests is a solicitor and that we’ll be hearing from them for expenses and alternative accommodation. We have tried to contact Airbnb and were on hold for ages, still waiting for someone to become available on messenger for support. Has anyone else experienced this?! Really horrible situation anyway and now we aren’t sure if we’re liable?! Any help gratefully received. Best wishes 

[Helen3]

Tell them that you are sorry they feel this way, but you checked the property personally yourself (if this is the case) and that none of the problems mention existed  at the listing xx hours before check in. Express puzzlement as to how this has happened in such a short time span and hasn't been found by other  recent guests.

Say you/your co-host will be directly over to check the apartment and ensure they have a smooth check out.

Say that Airbnb has a clear process for guests who find their accommodation to be not as described in the listing. And that if they are not happy with the solution offered, they should contact them. I do hope you kept all communication on Airbnb. @Steven246 

Do keep calling I have found as a UK superhost my calls are always answered in a couple of minutes. In theory you should have agreed the cancellation with Airbnb.

Make sure you photo/video with a date stamp every part of the apartment as evidence that it was in a good state.

[Mark116]

@Steven246  I would guess they are bluffing, because it seems very unlikely that any court is going to award 'expenses' or force you to pay for alternative housing for someone who goes to an accommodation, dislikes it, leaves and is refunding their money.....

[Ute42]

.

@Steven246 

You have a review history of 47 x 5* all across the board in all categories.

Just tell You "guests"  to **** off as You have no time to get involved in nonsese like this.

[Swan-V-0]

Wow. I have the same problem.

They sued me and my court date is December 16-2019

Wish me luck.

[Shawn403]

What was the turn out of the hearing?

[Susan17]

@Shawn403 

You need to use the @ symbol and the person's name that your addressing for them to be tagged, and notified of your message - like this @Swan-V-0  😉